Drug charges involving motor vehicle violations generally follow a standard procedural pattern in Florida. Police initiate a traffic stop and at some point are alerted by a suspicious behavior from the driver or occupants of the vehicle. Perhaps an item within the vehicle is visible to the officer that looks like it could be drug related. It is presumed that the officers performed a legal search and seizure of the car before arresting any suspects for the subsequent criminal drug charges.
There are a number of procedures authorities are required to follow before they can perform a traffic stop, act on observations, or search a motor vehicle. These long-standing safeguards of criminal law exist not to help someone get away with something, but to protect every individual in our state from unreasonable searches and seizures and improper police action.
Chipley police say they were performing a traffic stop earlier this month in the early morning hours when an officer observed possible signs of criminal activity, and purportedly asked for and received permission to search the suspect's vehicle. What prompted the traffic stop and what observations led the officer to request to search the car were not disclosed. However, instead of searching the vehicle, the officer appears to have first searched the individual, allegedly finding a "concealed" controlled substance (said to be methamphetamine). The car was then searched, and a bottle of prescription Xanax was apparently found. The weight and amount of the claimed drugs seized was not provided, and there is no indication anything further was seized.
The Graceville man was charged with two counts of possession of a controlled substance without a prescription. The local police chief issued a statement announcing his department was committed to removing these drugs and "those who traffic them" in the community. Nevertheless, the individual will need to prepare a strong defense, including a legal review of the traffic stop and the subsequent details. A Florida attorney may assist in preparing a defense to contest any improper actions and to argue for a dismissal of the drug charges.
Source: The Chipley Paper, "One Arrested on Drug Charges During A Traffic Stop," Cecilia Spears, Sept. 08, 2011
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